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tv   FOX and Friends First  FOX News  April 22, 2013 1:00am-3:00am PDT

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also been a week beded what's best about this great, great country of ours. there's still people willing to sacrifice for others. i'm mikeee. from el dorado, texas, good night and god bless. federal authorities, like the everybody from federal authorities like the fbi and the hospital itself saying he's in we know that at least one gunshot wound came from that first firefight where his
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brother was killed, and that the bleeding he had endured for nearly 20 hours is one of the reasons why he was in such serious condition when he was brought here. of course he was also shot multiple times. one of the injuries was to the head or neck. the other one potentially to his leg. the fbi hasn't said much other than he's in serious but stable condition. a lot of reports out there, a lot of different things, but that's what we can tell you with certainty that he's in serious but stable condition at this hour. the investigative team is ready to interview him. we were told earlier today, at least, he had not yet been interviewed. meantime he was found, of course, through those amazing images. of course the homeowner found him inside the boat, but it was a thermal images from the helicopter looking down over that secured their belief that he was in the boat when he was taken friday evening here and brought to this hospital once he finally did surrender. meantime we also know people are continuing to recover here.
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a number of people were affected affected by the blast monday that are here at this hospital. bette israel is only a couple miles from where we were several people on his room or on the floor you have to have proper identification, your purse is checked your jacket is checked. they want to be absolutely sure nobody gets to this suspect and he has no chance of ever trying to get away. >> adam, it is kind of interesting, if he really has sustained so many bullet wounds even the issue of interrogating him soon when he is not drugged he's not drugged or in surgery, i imagine is going to take some time. >> yeah. we do know he was sedated at least earlier today. you make a great point, talking about the drug situation. a couple of people asked me, we see him getting out of the boat, the pictures. .how could he walk, be in
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serious condition? take into account how much blood he lost by the time they brought him here. they did one operation on him, maybe multiple operations. you don't know the aftereffects of that. there's other tangible things you have to take into account to understand what's going on here. while they want to get information to make sure there's no other plans in place, they want to get correct information, that he's of sound mind. as you mentioned, being drugged up, that may not be the case. judge? >> adam, thank you so much. and now to the legal process ahead of us. with a former united states attorney general, the nation's chief law enforcement officer, michael mukasey, who was chief judge in the southern district of new york, presided over the blind sheik trial as well as the jose padilla case. good evening, judge. >> good evening, judge. >> good to have you back, judge. >> today we heard there will be no charges filed against the
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younger brother dzhokhar. how long can the justice department wait to file charges? >> they can wait really as long as they'd like. the fact is that he -- the only down side for them is the possibility that any statement that he makes might not be able to be used at trial. they've got so much evidence, including his own confession to the person whose car he carjacked, that the likely they need any statement from him as evidence in the trial is remote. >> right. you know, judge, a lot of people h ve been talking about miranda, the public safety exception. i don't want to spend a lot of time on that. but, you know, when the police announced that the public threat was over, once dzhokhar was taken into custody, doesn't that suggest that the public safety exception doesn't kick in, or has been solidified? >> the public safety exception is in no way applicable in this
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case. that was for a situation where there was a gun in a public place and the police needed to know where it was. they asked the guy they just caught where's the gun before where was the gun? they asked where is the gun. >> be that as it may you have a public defender in boston who is chomping at the bit to appoint a federal judge to defend the suspect. you could reassign a public defender is he or sheable to come in and say i don't want you talking to my client? >> he or she can say that. it's not going to stop this trying to do is to collect intelligence. i'm sure that if that's what they're trying to do, they will simply continue to do it, and gather only intelligence and not disclose it to anybody who's working on the case, or trying the case. they will put up what's called a chinese wall between the intelligence gatherers and the law enforcers so all they gather
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is intelligence. that's what this high value investigation or interrogation interrogation group is designed to do. >> well, you know, what's interesting here is that, as you said, i mean they don't need these statements. you know, i'm not quite sure that this whole issue of miranda is even relevant at this point given the fact that they have so much evidence it appears based on the number of photos and images, etc., etc. t judge, what charges might they file against him? and if this case is brought in federal court, and it seems that all indications are that it will be brought in federal court, isn't a federal judge bound by, you know, the federal rules of evidence, preaccusatory delay, because they may not be able to talk to this defendant for a month or two because he's so drugged from all the injuries, and would a judge be faced with the evidentiary issues he would be with a regular criminal in a
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criminal trial? >> so far as delay in charging him, motions will be made. i think i can pretty well guarantee you they will be denied. >> all right. and then you presided over the blind sheik trial. you ended up sentencing him to life in prison. now when you did so, we all expect as judges, that when we sentence someone to life, they'll spend their life in prison, but last year there were some discussion that the blind sheik, whose picture is up on the screen now, might be freed by the obama administration, that president morsi in egypt that seemed to infuriate you some what and you wrote an article, "will obama free the blind sheik?" now if you think about this, in this case, if the death penalty is not sought, are you concerned
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that some president down the road could ignore the issue of a life sentence imposed by a federal judge and just send the terrorist off somewhere? >> on this guy, tsarnaev? >> right. >> no, i'm not concerned about that. he's very different from the sheik. concerned about that. a sheikh is a highly symbolic figure among muslims. he was and still is widely respected as a muslim scholar, and regarded as an authority. he's a big deal. this guy is a mutt. >> so you're not worried about that? >> no. >> finally the death penalty, if he is charged with those crimes that he clearly can be, he's eligible for the death penalty? >> absolutely. >> do you think that this >> do you think this just disat the present time -- justice department will seek it? >> i hope so. he is a poster child for the he used an explosive device in the course of a terrorist attack, killed not only one person, multiple people, intended to kill more, maimed people, and was going to go on and do it.
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he's an ongoing danger. and there's absolutely nothing to hold him back other than some claim that he was dominated by his brother. >> right, right. all right. and judge, you have an article coming out in the "wall street journal" tomorrow, knick mistake it was jihad, and i would suggest that people look it up. we appreciate having you on. always good to have you here, judge. >> good to be here. >> judge mukasey, thanks. coming up next, the u.s. attorney who prosecuted a 1993 world trade center bomber on bringing the boston suspect to justice. and later, the police chief whose officers helped corner dzhokhar tell us what it was like during those moments. helped what it was like during those moments. angie's list is essential. i automatically go there.
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at angie's list, you'll find reviews on everythin from home repair to healthcare written by people just like you. if you want to save yourself time and avoid a hassle, go to angie's list. at angie's list, you'll find the right person to do the job you need. and you'll find the right person quickly and easily. i'm busy, busy, busy, busy. thank goodness for angie's list. from roofers to plumbers to dentists and more, angie's list -- reviews you can trust. oh, angie? i have her on speed dial. >> with me is david kelly, former united states attorney for the southern district of new york, who prosecuted one of the world trade center bombers. he led the investigation into the bombing of the uss cole as
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well as the justice department's investigation into the 9/11 attacks. all right, david. it's a pleasure to have you here. thanks for being here. you've actually tried terror cases in federal court. where does this case belong? like these. the oklahoma bombing, the 93 attack, there are so many terrorism cases where the defendants have been prosecuted successfully are doing life sentences and so it's really the best system or the best process we have to deal with these. now there's been talk about tribunals. tribunals have been in effect since late 2001. we are 12 years out. show me a prosecution that has been successful. show me somebody that there has been a conviction, a conviction that has been ratified under processes that have been ratified by the supreme court of
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the united states >> you are saying on appeal it is difficult to get it affirmed in court. >> we don't even know through the tribunal process whether or not the processes they have in place are tried and true. and whether or not the supreme court would at the end of the day say you know what, the process you have employed is the right one whatever conclusion you have reached is the right conclusion. >> what do you say to senators like lindsay graham and mccain who say, look, we want these guys to be enemy combatants and tried in military court. can you understand the visceral reaction to say we don't want to trot them in like a normal trill this is an act of terror. >> it is a visceral reaction. if you look at the track record here. i wouldn't rule out a tribunal. it's something the president can use in certain circumstances. maybe there are reasons to do it here. when you look at the track record over time, over the last 15, 20-years, what have we done
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with terrorists? what we have done with them most successfully is put them in jail for civil tries in federal criminal court. there are tons of them sitting in jail for the rest of their lives. >> david, when you say that, how often has the death penalty been sought in the terror cases. we have the time square bomber, the underwear bomber and reed the shoe bomber they all got life. >> in the sally case the death penalty because sought and the jury in northern virginia district of virginia said no death penalty. that's not the only end here. sometimes getting jail for life sends an awful strong message. how many people in gitmo have been sentenced to death? one of the criticisms. >> you tell me. >> none. you look at the gitmo situation, you try to figure out, what's their track record, there hasn't
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really been one. one of the criticisms of federal trials is the defendants will make a mocker re. >> right. >> look what happened a few months ago when khalid shaikh mohammed came and stood up and asked to wear camouflage gear none of which would have happened in federal criminal court. >> it was more of a circus in military tribe bun dmal. >> in so far as the criticism doesn't fly what you get to tribunal. >> up against a hard break. but what about the issue of discovery and the fear that our intelligence information would be given to -- >> in every single criminal case we have had we have protected it because there are federal procedures, classified information procedure act that protects that information. i would challenge any one to come up with a good argument those procedures don't work, because they do. >> finally, death penalty? >> death penalty.
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>> there is more that should be applied. you have to hear lots of things. i think the one catch here might be that this is a young guy who is really led astray arguably from what we know. we don't know everything by his older brother. that is going to be something that are mitigating circumstances in all of the circumstances that one has to reasonably consider and statutorily consider in application of the death penalty. >> thank you very much. coming up, if he was on the fbi radar why was he able to commit the crimes. why did it take so long to match the faces. the take counsel of ( bell rings ) they remind me so much of my grandkids. wish i saw mine more often, but they live so far away. i've been thinking about moving in with my daughter and her family.
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it's been pretty tough since jack passed away. it's a good thing you had life insurance through the colonial penn program. you're right. it was affordable, and we were guaranteed acceptance. guaranteed acceptance? it means you can't be turned down because of your health. you don't have to take a physical or answer any health questions. they don't care about your aches and pains. well, how do you know? did you speak to alex trebek? because i have a policy myself. it costs just $9.95 a month per unit. it's perfect for my budget. my rate will never go up. and my coverage will never go down because of my age. affordable coverage and guaranteed acceptance? we should give them a call. do you want to help protect your loved ones from the burden of final expenses? if you're between 50 and 85, you can get quality insurance that does not require any health questions or a medical exam. your rate of $9.95 a month per unit will never increase,
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and your coverage will never decrease -- that's guaranteed. so join the six million people who have already called about this insurance. whether you're getting new insurance or supplementing what you already have, call now and ask one of their representatives about a plan that meets your needs. so, what are you waiting for? go call now! we'll finish up here.
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tamerlan >> important to understand why the fbi interviewed him in the first place. they had information from the foreign intelligence service about his possible radicalization. they went from there the fbi did their due diligence and did a very thorough job about trying to run that to the ground. then asked more help from that intelligence service to try to get further clarification. unfortunately they stopped cooperating. >> a foreign government asked the fbi to look into tamerlan tsarnaev as a radical. but they closed these. could this attack have been prevented and did the fbi drop the ball? fo rmer senior ncif official robert mcfadden.
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i will start with you robert. we have a lot of claims here that the fbi had to close their investigation of tamern and we had an fbi gentlemen on last night who says the fbi once they csed it no longer had any authority to collect intelligence domestically. so now what we have got are at least two people that we know of who were investigated the fbi, that being major nadal hassan from fort hood this guy. did they drop the ball? >> i mean, at this point, judge, within the coming days we know there is going to be a very thorough accounting. i know myself from background of federal investigators take in good faith the fbi did did due till against and a thoroug job in the case. the key here is what information came from the russian fsb the
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rough equivalent of fbi. they che data bases. typically what happens is you g back to the service to look at whatdditional information is that is key. >> what is interesting is mike rogers in that clip that we saw basically says what robert just said is they went back to the other agency and they shut us down. wait a minute. if we had that information, i know you get thousands of terrorist tips all of the time, but when a foreign intelligence service contacts us and says we believe this guy is radicalized he's in this country you are giving him political asylum it's a little different than just a tithp comes in. >> it is a little bit different. we have to look at the circumstances of what exactly did happen. the foreign intelligence service, i don't know that it was from russia. i heard from all of the news media it was russia and the fsb. i assume that is logical and probably did happen.
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gave information to the fbi in early 2011 indicating tamerlan tsarnaev was really into it and interested in coming to their country presumably their host country f radicalization. i am concerned with how they got that information if tamerlan was in the united states unless they got it from him or somebody that was close to him in their country. no nonetheless that information came from the fbi and they did an investigation. let's look if we could exactly what type of investigations the fbi operate. following watergate the fbi we will use the word incumbered with the attorney general's guidelines at the time which were quite prohibitive. they changed and evolved in 2011. thoeped three types of cases. i understand that. but here's the question. we don't have a lot of time. the queion is, once this guy leaves the country goes to
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russia, for six and a half to seven months after we have been warned already and then comes back and puts up all of these radicalized youtube videos, shouldn't that have been a telltale? >> robert let me ask you that. >> quite potentially, but here's a couple of other things to consider. he was allowed to go to russia, so it begs the question on the russian authority side was there any resistance to that what did the russians do. another thing we think will be interesting over the next few days did russia have anything to put in interpole doesn't have jurisdictions for rays but it is information distribution systems to put up notices if he is a person of interest. >> david, i am going to go back to you now. there is a report now that the fbi are saying even though they were supposed to close the case and they say they closed the case and can't follow it any more. although anybody can follow it on youtube. the fbi interview led the
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homeland security to hold up citizenship for one of the brothers. if that's true why did the fbi need public help to find out who tamerlan was when they showed the photographs in the newspapers. shouldn't their data base if indeed their case was not closed, shouldn't that have interacted with the photograph, shouldn't there be some facial recognition with the same agency? >> let me start with the fact that the fbi did close the case in 2011. that's the a point where they asked the host service if they had any further information and there was nothing forthcoming at that time. the case was closed. the mother has come on the news media came on recently and said not really. her son told her she whe was be badgered by the fbi, not true. i would like to look at the extent of the investigation in doing all of the data check robert referred to. we interviewed many of the relatives. we interviewed the mother so often she was complaining to everybody she was being
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harassed. >> do you know for a fact? have you seen the file? >> i have not seen any files. >> how did you know that was the case? >> i got it from fox news. what could be better? >> touche. i expect there will be inquiry noose this case? >> thoroughly looked at. in these situations lesson learned. we will do better. >> thank you, judge. >> coming up, we have seen it in the movies, but his manhunt and take down was even more dramatic. talk to the chief who did it, next. >> got a report from watertown of 67 franklin street they have a boat with blood on it they a boat with blood on it they believe someone is on the boat.
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>> welcome back to a special
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edition of "justice" on the boston bombing. a quick look at the time line of event that led to the identification of the two suspects. >> this is how the tragedy in boston unfolded, monday april 15th, 9:00 in the morning in hopkins son massachusetts just outside of boston, 23,000 runners from all over the world prepared for a gruelling race of 26.2 miles. >> we are here at the 117th boston marathon. >> it's the world's oldest annual marathon. on this day the weather a ryes p p -- crisp 50 degrees was perfect for running. >> it will be a special day regardless. >> spectators lined the route. the first woman from kenya was the first woman to cross the finish line at copley square. 12 minutes later at 12:10 p.m.,
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an ethiopian won for the men. the remaining runners made their way to the finish line. but at 2:50 p.m., the unthinkable. 13 seconds later... >> oh my god they are dead. >> the scene became one of karnage. at 8:55 p.m. that day fox news learned that three people had died. 8-year-old martin richards live in boston's door cherchester nad was watching with his family. his mothm and sister were seriously wounded in the blast. by tuesday april 16th a second victim was identified. crystal campbell. initially her family was told she survived. at the hospital they learned she was the among the ones that were
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killed. >> we are heartbroken. >> the third victim was with youliyou a child who her family said it was her dream to study in the united states. photos were released of the bomb's components and were used two pressure cookers with bearings and explosives. >> the bomb maker who needed the devices would have needed practice with a device. >> the president showed the nation's resolve. >> we will find whoever harmed our citizens and we will bring them to justice. >> on thursday a memorial service was held at boston cathedral of the holy cross. at 5:10 p.m. the fbi held a
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press conference and showed for the first time these photographs of the the suspects. >> that press conference and release of the photographs set off the grim series of events that would lead to another death of mit police officer sean collier. the suspects were identified add the two brothers tamerlan and dzhokhar tsarnaev. arthel neville, fox news. chief, thank you for being with us this weekend. you must be exhausted. >> i am pretty tired, judge. >> let me where that ended. sean collier is caught on the campus at 10:20. when do the gun shots and explosions in watertown start?
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>> they start approximately 12:25 a.m. >> what is the first thing you hear about? how do you know there are gun shots? >> i like to tell the officer's story. they were on the street and we knew there was the execution of the mit police officer. we knew there was a car jacking and as a result of that vehicle we had gps updates from cambridge telling us where the vehicle was. it was heading ward watertown and that it was actually in watertown. that's when we began to go into watertown to find the vehicle in the east. >> were your officers alone at that time? were you assisted by the fbi and atf state police were joined by the hunt?
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>> all of the ages agencies wer given the same update we were in boston and cambridge it was our officers who encountered the vehicle first. other officers responded behind us. >> when they encounter that vehicle, chief, tell us exactly what happened. >> first officer, officer joe reynolds saw the blackmer said suv the car jacking vehicle travel along laurel street which is a back street in water town. they were driving each brother driving a vehicle. each following behind them and radioed our dispatch who prop properly our supervisor told him do not try to stop the vehicle until we get more backup. he followed them a short distance when they stopped both
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of the brothers got out of the car immediately started shooting at my police officer as he was in his cruiser. >> what happened to that officer? >> miraculously he is arrive live -- alive to tell the story. courageous act to put that vehicle in reverse and create some distance between him and the two brothers that were shooting at him. at the same time -- >> there's no question he is one of the many heros law enforcement heros of this case. go ahead. at the same time? >> two, three other on duty police officers showed up within seconds. they also joined the gun fight on the street. >> both are out of the car and they are shooting? >> what do they have? >> we have reports they had long guns and hand guns.
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at different times during the gun battle which came on for most of 10 minutes they used all of these weapons. >> the gun battle goes on the older brother tamerlan starts as i understand it coming down the street guns ablazing almost like he knows he is going to get shot. what is that about? >> a lot more than that happened. we have of my four officers we had two off duty officers show up. we had 6 watertown police officers and all of us around the area started to come in. during the gun battle it was my 6 or 7 officers who were heroic during the efforts. at one time they popped the trunk and started hurling the first came over and started exploding which i understand was about the same explosion from the boston marathon. we found the pressure cooker lid
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down the street further. >> they were prepared. >> we had this gun battle going on and my officer taking not only fire but now they are taking explosives being thrown at them. i can't say how proud i am of the men and woman in the police department of water dotown of t job they did that night. >> no question, he chief, no question. these people are heros. they put their lives on the looifrn ry day. let me focus on when the older brother gets out and starts coming down the street. >> sure. we have had six explosives thrown at our officers. at some point he starts to close in, he wants to get closer and he wants to kill one of my police officers. he comes right at him. they are exchanging gun fire and they are within about 10 feet of each other is my understanding. my fer has made some hits in huz
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midsection b-- his midsection bt he is still coming. fortunately for us the brother ran out of ammunition. we were able to tackle him throw him to the ground. three of my officers were in the middle of the street handcuffing him. so we had him in custody. >> he is down. >> then what happens? >> he is down they are trying to tend to him, and judge i am sure you can understand they had very difficult time hearing with three, four, five explosions going off around them. all of a sudden they realize from the bright light that someone is coming bearing down they look up get out of the way. thank god they they could hear that. they had to dive out of the way. here comes the other brother in the black sufficient roaring down the street. >> what does the other brother do? >> he gets out of the way. our officers get out of the way fortunately. the older brother is laying in the street and the younger brother runs him over.
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>> now the 19-year-old younger brother who runs over tamerlan then gets away. how does a 19-year-old get away? it's a 10-minute gun fight. he got away, was there a chase after him or no? >> we had that gun battle and he gets dragged down, drags the brother down the street a short distance and he keeps going. what happened next was the transit police, the state police and other agencies were behind us. one of the transit had been shot we realize he gets shot in the groin hits an art re. he is starting to bleed out. our officers went to his aid and officer tim me mitten of our department who is a medic started to give him aid. fortunately they were able to stop the bleeding. the watertown fire department. >> i am running out of time here. i don't mean to not want to go through all of these great
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heros, but is there a car chase with the 19-year-old? >> right. he only goes down 300 yards. there are so many law enforcement responding he can see the lights he can hear the lights. >> i am coming up against a break. he gets out of the car and he runs? >> right. >> is anybody chasing him? >> well, we are in pursuit of him. he runs into a backyard it is close to 12:45 in the darkness. we lose sight of him at that point in this neighborhood. >> all right chief. thank you so much for being with us. we all thank you in the department for the great work they did. >> thank you, judge. >> coming up the september 11th terrorists were in this country on visas. now a leading senator warns there may be others. what can be done to track them down?
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so...how'd it go? well, dad, i spent my childhood living with monks learning the art of dealmaking. you've mastered monkey-style kung fu? no. priceline is different now. you don't even have to bid. master hahn taught you all that? oh, and he says to say (translated from cantonese) "you still owe him five bucks." your accent needs a little work. ( bell rings ) they remwish i saw mine of my granmore often, but they live so far away. i've been thinking about moving in with my daughter and her family. it's been pretty tough since jack passed away. it's a good thing you had life insurance through the colonial penn program. you're right. it was affordable, and we were guaranteed acceptance. guaranteed acceptance? it means you can't be turned down because of your health. you don't have to take a physical or answer any health questions. they don't care about your aches and pains. well, how do you know? did you speak to alex trebek?
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because i have a policy myself. it costs just $9.95 a month per unit. it's perfect for my budget. my rate will never go up. and my coverage will never go down because of my age. affordable coverage and guaranteed acceptance? we should give them a call. do you want to help protect your loved ones from the burden of final expenses? if you're between 50 and 85, you can get quality insurance that does not require any health questions or a medical exam. your rate of $9.95 a month per unit will never increase, and your coverage will never decrease -- that's guaranteed. so join the six million people who have already called about this insurance. whether you're getting new insurance or supplementing what you already have, call now and ask one of their representatives about a plan that meets your needs. so, what are you waiting for? go call now! we'll finish up here.
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>> the suspect is still in custody in the hospital. there are questions as to whether or not he will be interrogated. with me is former cia agent mike baker who joins us from phoenix. good evening. >> good evening. >> you were in the cia and this interrogation team wait to go interrogate this suspect is made up of cia, fbi and department of defense and u.s. attorney.
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how do you investigate a guy like this? >> he will be interrogated. all you can do is write his answers down. this will happen. it will happen as soon as possible. they are not going to give them a lot of leeway here. there are important questions they have to follow up on from an operational standpoint. people want to ask why did you do this? important is who helped you? who was your brother in contact with during his time overseas. was there a support structure we can get on immediately. there are literally at the door of his hospital room standing by as soon as it is able to happen he was on him. >> can you tell us about this and that and the guy says, you know what, i don't want to tell you about anything. you have a cold blooded killer or someone alleged to be that. you think he is going to just
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breakdown and friendly say, yeah, i'll tell you why my brother did this and we were funded by this one. you think talking to him you are going to get him to spill the beans? >> he will be in the u.s. system now. if he declines to say anything yes our hands are tied it is at that point. looking at this honestly, you would have to be either woefully naive or stupid to think that there isn't a larger issue here. obviously his older brother who traveled to moscow and then on likely to pakistan and chechnya had contact and had training prior to then coming back here. the idea they had contacts in the state you can't discount that. this is not just these two brothers self radicalizing and acting in a bubble.
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>> we don't know where they got the money for all of this stuff. we don't know that they were working. there's a lot more to this story. anyway mike baker thank you for being with us. >> up next we remember the victims of the boston bombing. speaking to the national guards man who ran the boston marathon and ran toward the danger to help save lives.
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>> most of the focus has been on two suspected bombers. we can't forget the scores of victims as well as heros from last monday's terror attacks. joining me on the phone is first lieutenant steven fiola of the mags mass national guard who was there on ran towards
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the blast to help those in need. >> steven? >> yes, judge, how are you? >> well. thank you for being with us this evening. you ran the marathon ahead of time but you were there for the explosion, you went toward that barricade. tell us what you saw and how you felt? >> what we saw was actually i didn't run the marathon, i worked the marathon. i had my gear on with lots of weight on it. i was at the finish line. one of my soldiers had just completed at 2:50 in the afternoon when the blast went off. i could see it out of the corner of my eye turning to see what everyone saw with the blast and just completely annihilated that area. >> what did you do? >> at that moment there were two
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things on my mind. the switch turns on and it all comes down to taking care of my soldiers keeping them in an area where i knew they were accountable. i ordered my soldiers to stay put and myself and two other soldiers were with me and staff sergeant mark welsh he ran towards the flash. >> steven, thank you so much. we are grateful to you and the people you were with as well for helping out so many victims. that's it for us tonight. thanks for joining us. before we go let's not forget the victims and survivors whose lives were forever changed the eviled visited upon them last monday. war zone created two evil individuals were forever be indelibly etched in our minds.
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(sirens) >> move, move, mover.
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>> good morning everyone. i am patti ann browne. >> i am heather cheryleds. thank you for joining us. it is monday april 22nd. thank you for watching "fox & friends first". the boston bombing suspect could be charged. he is still in serious condition with a wound to his throat. >> good morning heather and patty ann. we are at the hospital where he remains under treatment by the
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hospital. they want to know any further plans the suspects may have had from further investigators. we are still await charges but he remains in serious condition. there's word from the u.s. attorney's office it is possible he could be charged as soon as today or at any moment and certainly while he is still here in the hospital. we are getting encouraging word on the fate of an officer shot in the gun battle. richard donahue is in critical condition. he is heavily sedated on a ventilator in intensive sar. a bullet ripped through his right thigh hitting both branchs of his femoral artery. since being hospitalized he has been awake long enough to squeeze his wives hand. here's what fellow officers and his younger brother who is also a police officer had to say
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yesterday. >> he engaged terrorists in the most difficult situations that any one can image. >> with little waregard for hoi life he was in a war zone on the suburban streets. >> shawn cean collier who was md before the car jacking and the car chase. they graduated from the police academy together in 2010. >> doctors say they are optimistic done ahue will make full recovery. he is an avid runner and a young father. >> hoping for the best there. >> since dzhokhar tsarnaev is a bombing they want to charge him as an enemy combatant. he should still receive miranda
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rights some say. good morning. >> good morning. >> there are those who kay tartar tar c-- tsarnaev cannot charged as an enemy combatant. others say otherwise. jose ped law is one anwar al-awlaki is another one who was labeled as such. they are trying to get as much information from tsarnaev as possible. >> i do not believe under the commission law is eligible for that. it would be unconstitutional to do that. one of the great things about america is we come together at times of trial. i very much regret the fact that there are those who want to precipitate a debate over whether he is an enemy combatant or whether he is a terrorist, a murderer, et cetera. >> are there other terrorists or
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explosives out there? where do we get their radicalization, who did this brother meet with in chechnya? h these questions can be maintained if he does not get his miranda rights. that is going to expire in will 48-hours. >> he says the agency is getting a lot of outside pressure to mir ran dies him. mir ran dieing him may jeopardize what they can use for him in court. they should hold off as long as possible to gter as much information as possible. time now for your 5@5:00. 5 people are dead after a shooting in an apartment complex in seattle including a suspect.
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police responded to a shooting in federal way when two men were injured in a parking lot. officers moved to assist them. that's when they opened fire. a man and a woman also found dead inside of an apartment. there's no word on what sparked the shooting. >> four more victims have been identified from the deadly fert liedzer plant explosion. among them two brothers doug and robert newcastle both firefighters. >> both brothers were ready to serve neighbors in their time of need. they were the first in the emergency situation. robert and doug were more than just brothers. they were lifelong best friends. >> the mayor says 10 of the 15 victims were first responders. the massive blast injured 200 people still not known.
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but they will look at the site and start digging for an explanation. a possible break through in saturday's marijuana rally shooting in denver. (sirens) >> police say this youtube video shows two men suspiciously walking away from the scene seconds after shots range out. the incident hurt two people and scattered a crowd of about 80,000. investigators now consider the men suspects and suggest the shooting may have been gang related. the victims suffered only minor injuries and are expected to be okay. >> real life drama for actress reese witherspoon after her husband was pulled over for dui. as he was given a sobriety test reportedly the 37-year-old started acting up. she got out of the car. the officer warned her twice to
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stay inside but witherspoon didn't listen saying quote did you know my name? you are about to be on national news. she apologized saying, quote, i clearly had one drink too many and i am deeply embarrassed about the things i said. >> we are getting a sneak peek at the george w. bush medical center. it is a 3 story complex more than 226,000 square feet including a presidential library, museum and institute. there are dozens of interactive videos and exhibits. president obama and former president george h.w. bush and george clinton there be the wil for the dedication. that is your 5@5:00. >> extreme weather alert. brand new video this is out of illinois showing the historic flooding that is going on there. residents now bracing for record river levels. the illinois river could reach a high of 30 and a half feet later
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this week. this would eclipse the 1943 total by almost a foot. maria molina tracking all of this for us. >> hi, good morning heather and patti ann. at the beginning of this year we were talking about well below average rifer levels across many of the rivers in the midwest. now today the exact opposite. we have been talking about above normal water levels record setting at one point and you are talking about flooding occurring across the midwest in places like indiana, illinois, parts of western kentucky and parts of western tennessee. widespread flooding in local rivers out here. the reason we were dealing with flooding is because over the last several weeks we have had a number of storm systems dropping rain raising the water levels. just last week 3-7 inches of rain fell widespread across the midwest triggering that flooding out here. believe it or not we have a brand new storm system we are tracking today that is expected
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to bring more snow across parts of the midwest and more rain. as far as the rarn goes about an inch is expected across illinois, parts of missouri and that will not help the flooding situation ongoing out here. as far as snow, most of you dealing with a couple inches of snow across parts of minnesota parts of north dakota. locally some of you could see easily over 6 inches of snow. we handle winter storm warnings in effect because of winter storm snowfall. thunderstorms ahead of the system could turn severe across sections of kansas and into oklahoma. patty and heather want to show you temperatures across the country relatively warm in the 670s in kansas city but tomorrow much colder air comes in hienbe the system. >> if you are flying somewhere across that map that maria was just showing us brace yourself for delays.
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lauren simonetti has all of this for us this morning. >> yesterday was the first official day air traffic controllers were subject to furloughs because of government spending cuts and already some slow downs are being felt at the nation's airport. as of late last night they were notice at new york area airports and going into lax. relatively good weather and light traffic helped to minimize disruptions. delays are expected to increase today if you are traveling somewhere. it is a busier travel day it's monday. 47,000 faa employees will get furloughed as a result of budget cuts. they will lose one day of work every other week. the pilot's union due to the faa will staffect so many people. >> out of those 15,000 were air traffic controllers. perhaps it's a better idea to perhaps maybe drive somewhere because gas prices are going
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down. >> this is the time of year when they are supposed to go up. let's enjoy it while it lasts. gas prices could fall almost $0.20 by memorial day. it would go down to $3.30 a gallon. inventories are high we have a lot of supply. and the economy is slowing down. consumption is the lowest since 1997. this morning gas prices averaging 3.52 a gallon. last year at this time 3.86. that's a nice little savings. >> some say could go below $3 a gallon? >> rocky mountain region could see 32 -- $2.98. >> road trip. >> finally. it is 11 minutes after the top of the hour. a runner survives the marathon bombing only to return home to texas to witness the fertilizer plant explosion and he's sharing his story. we will have that coming up.
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they put their survival skills to the test. boy scouts get lost inside an under ground canyon. how they were found padilla.
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>> 15 after the hour. san diego says the navy will not reposition ships from the san diego base. ship also not be sent to los angeles, courtland or seattle. it is expected to save $1.2 million. a group of boy scouts escape injury after a canyon in southern utah. 6 scouts and three adult leaders were hiking yesterday in the national park when one of the leaders became exhausted. some stayed behind with the leader the others went for help. the group that stayed behind was later rescued a helicopter.
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a historic day for the space program. >> 3, 2, 1. >> >> a cop contracted by nasa successfully launched a rocket. it was a test to send a cargo ship to the international space station. heather? >> authorities releasing names of five people killed yesterday in a back country avalanche. fox news correspondent marianne rafferty has brand new details. >> a massive avalanche leaves 5 snowboarders dead.
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weather conditions in the area may be to blame. >> we have weak layers in the snow pack that formed earlier in the season. now we are building big blasts on top of this winter weather we are having this spring. it is making for especially dangerous avalanche situations. >> they were at least 8 feet deep. all were wearing proper equipment including avalanche deacon. they recovered their bodies. a sixth snowboarder was part of the group but was able to esc e escape. >> one of them was able to bail off to the side a little bit. he was partially buried was able to dig himself out get out to the road and call for help. >> christopher peters is one of the victims. his father is distraught over his son's untimely event. >> our kids are supposed to bury us not us supposed to bury them. >> ann kuipers of potentially
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dangerous condition. >> primary concern over the last two-days has been these very large avl launches. they are stubborn and when somebody finds a weak spot or is unlucky enough to discover one they are large and very dangerous. >> in new york marianne raffer y rafferty, fox news. thank you, mary anne. boston's mayor says the bomb suspects were acting alone. the former head of the cia's bin laden unit says it might be naive to believe all of that. a teenager reportedly raised and suspended from school all because he refused to take off this, his t-shirt. enter right h. [ chirp ] all good? [ chirp ] getty up.
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>> he made an illegal u turn friday night in santa monica and fail add sobriety tis. he was released several hours later. he will have to mareport to cou in june. >> 30 pounds of marijuana to an under carriage of a car to get it across the mexico border. the driver didn't know she was trafficking drugs. the woman made the discovery when she eventually got to work and called police herself. thanks, heather. investigators are trying to figure out how or when the
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boston bombing suspect became rat calizelize -- radicalized. >> chechen involvement in the islamic movement. are there other explosives out there? where do they get their radicalizezation or mosques or imam they are looking at. who did his brother meet with when he was in chechnya. >> he is one of many asking are there terror cells in the united states we need to be worried about. the former head of the cia bin laden movement. >> the mayor says all indication indicates these two brothers acted alone. not everyone is convinced of that. what do you think? >> tlooings a possibility there was some help at least in training or perhaps financing. it doesn't take a lot of people to conduct something like this.
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i would be worried about the landscape of the united states that we pretty much ignored because we are so politically correct and because we taught our kids multi-culturalism and diversity we are not going to work together. we have seen some molians work together. what are they going to do? they are going to train other people. >> the older brother tamerlan spent six months in russia. >> dag i soing i say stan is wh went. all of them are in the midst of islamic insurgency primarily directed against the russians. but a mover am increasingly international in the outlook. not to the same extent but the groups tend to have an evolution from local toint national
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grievances. the people are approaching that third level. >> the fbi did investigate the brother after foreign government widely believed to be russia tipped them off they were suspicious. what's the take on that? >> i think the fbi has its hands full with islamism. if the guy washed out clean i think it's hard to devote resources like that. >> their uncle who is not a fan says everyone is making too much of the islamic ties. they never assimilated once they moved to america. there is no wider purpose misguided or otherwise. is it possible it has nothingtoo do with islam at all? >> it is possible.
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it is not likely. we seem to be good at turn ago blind eye to what these people have. we have 14 years of war since bin laden declared war on us. we never took seriously what he said. wh we don't care what you do in america we are going to attack you for what you do in the muslim world. that's what their cause was. to our benefit to begin to look after the enemy not that you are smarter than me. what is going to motivate him. will you will we look notarized. >> roads turn into rivers and mother nature is not done yet. parts of the midwest bracing for another round of flooding. a dad rescues an alligator after it clamps down on his arm. now father and son are sharing
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>> good morning. welcome to "fox & friends first". i am heather childers. >> i am patti ann browne. brand new developments regarding the boston bombing suspects. there are unconfirmed reports that the 19-year-old is awake and answering questions at the
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hospital. >> molly lion has more. >> dzhokhar tsarnaev is under heavy car at beth israel medical center. sources tell us he is also in stable condition. we are still waiting word on the charges he will face. but we are told the u.s. attorney's office could at any time level the charges. it is possible it could happen while he is still in a hospital bed. we are getting encouraging word on the condition of the officer who was shot during a gun battle with two suspects in water town. richard donahue 33 years old still in critical condition at mount auburn hospital in came blivenlg illy sedated and on a ventilator. he was able to wake up long enough to squeeze his wife's friends. he was also friends with sean collier the mit officer killed
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in the course before the manned hunt got underway on the streets. one of the victims will be laid to rest. a funeral is being held for 29-year-old kr-- krystle campbe. there will be a moment of silence held for the one week anniversary. much of the state will pause for that at 2:50 p.m. >> molly line live for us. thank you. >> so does dzhokhar tsarnaev have a right to remain center lines? was it an act of terrorism? >> good morning to you. he is a citizen of the united states, with that he has all of the protections of the u.s. constitution. therefore the debate arises as
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to what message dzhokhar tsarnaev will be led to justice. dzhokh dzhokhar tsarnaev will be answering questions. some members of congress would like to try him as an enemy combatant to see if he has any link at all to terrorist organizations. >> the >> are there other explosives out athere? are this other mosques or imams we should be looking at. these questions could be obtained through him. he does not get his miranda rights. >> he cannot be tried through the military commission because he is an american citizen. that would be unconstitutional. it would be difficult to call him an enemy combatant because there's no area linking him as a terrorist group.
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he should be mir ran died treated not as an enemy combatant but treated as a criminal. >> it is clear to me that the courts that can be taken you have the high value terrorism group they know how to do this. the miranda rights can be read at a lart time. >> while the debate continues law americas agree that the number one goal here is to get intelligence information that can save american lives. president obama stating earlier it is inordinate to find out why these men resort to such center lines. the american people deserve answers. >> kelly wright live in washington. time now for your 5@5:30. talk about unbelievable. last week joe birdie finished running the boston marathon 30 seconds before the first bomb exploded. two-days later he was in his
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home state in texas when he saw the fertilizer plant blow. >> i thought this isn't happening. file like god has protected us. >> he feels fortunate that he survived both tragedies without a scratch. four more victims have been identified from last week's deadly texas fertilizer plant explosion. all were kwierts. among them two brothers. 10 of the 14 victims were first responders. meanwhile sunday hundreds gathered for an' motionnal gathering in the midwest. it injured about 200 people. still not known. experts plan to enter the site in the next few days and start digging for an explanation. if you are flying today you want to leave early. airports bracing for hour long delays because of the seek questques
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sequester. they furloughed employees including 15 air traffic controllers. >> there is a request or directive out there to take the steps so passengers call their elected officials to take them to take action. >> some of the busiest airports including new york and washington already experiencing delays and longer wait times for security. >> he says he was arrested for sticking up for the first and second amendment. 8th grader jair rotted mar come refused when a teacher told him to remove his nra shirt that says protect your rights. he faces charges of disrupting an educational process and officer. his father says it does not violate the dress code. a florida father punched out an alligator that attacked his 6-year-old son.
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how the duo was getting ready to go canoeing that's when the child wandered away into the jaws of an 8 foot gator near their home. >> jabbed my arm and i couldn't get out. >> i ran into the water about waste deep and i had my son like this here because i didn't want to play tug of war with theal giert. i didn't want to get his arm ripped out. while i am doing that i am punching the alligator on top of his head. >> a good samaritan came in and helped started kicking it. as you saw there he honly has minor injuries. that's your 5@5:30. back on his big wheel. walter continues to rise in towns all over the mississippi river especially in clarksville, missouri. people there trying to keep the
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rising water from flooding the historic town. >> it is expected to rise another foot before it crests lart today. maria molina is tracking all of this for us. >> hi, good morning. good to see you. today we are talking about flooding ongoing across parts of the mississippi river and other rivers that lead across the mississippi river like indiana, illinois, kentucky, parts of tennessee dealing with the flooding and also the state of missouri. a number of flood warnings are in effect over here and the river flooding. it is slow to recede. we are expecting several days of another more ongoing flooding and believe it or not we have a storm system we are tracking impacting sections of the midwest already with areas of rain and even some snow. we are heading into may as we head into next week. we are talking about possibly significant snow for you in the midwest. you are dealing with the snow right now. be careful on the roadway as we head out to work.
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the snow should last even as we head into tomorrow. winter weather advisories and snow is expected across sections of the midwest couple of inches for most of you. on the warm sector there's a severe weather rift in kansas and oklahoma. not widespread but a chance some of you could see a tornado damaging wind gust or large hail 1-2 inches of rainfall possible in sections of the midwest that are dealing with the river flooding right now and have flood warnings in effect. otherwise take a look at some of the temperatures. not bad in texas 80 degrees for the high temperature in san antonio. now it's time to entertain this. she holds the loyal baby bump. six months into her first pregnancy kate middleton is finally showing. this photo taken over the weekend at an event over the weekend. offering one of the best
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glimpses yet. justin bieber and selena gomez are back together. the pop star posted a picture of them getting cozy on insta gram and quickly delete it had. she jetted off to norway to meet up with her ex who is touring there. tom cruise's "ob liob liv movie first. >> now it's time for your top sports stories. home teams dominating series opener in the first round of the nba playoff. the heat beating the bucks 110-97. blowing out the houston rockettes 120 to 91. the spurs took care of the lakers 91-79. the pacers beat the laux 107-98.
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the saga is over for gangrene. the jets trading their star quarterback. the jets receiving the overall threat as well as additional picnics year in exchange. winning the skansas speedway. held off casey keen. he takes the race. he is now in 8th place in the spring cup standings. >> the time 41 after the hour. still to come they were supposed to use the money to fight childhood obesity. >> be care whafl you ask, apple is save youring questions, all of them. ake free... ...while smelling 100% handsome. [ josh ] and with a double dose of confidence like that... mmmmmm. [ c.j.] ...good happens.
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>> 15 minutes till the top of the hour. let's span the globe to see what headlines are coming overseas.
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we begin in china where two more people died from a new strain of bird flu bringing the death toll to 20. health officials say there are 102 cases reported of those 70 still in the hospital. the source of the infection has not yet been identified. next to australia where a fisherman has a painful run in with a 10-foot shark. the man was fishing with his brother that's when a gray nurse shark bit him on both legs giving him deep cuts. he is recovering in a local hospital and is expected to be okay. we end where we began in china. a reporter dished hdissed her on wedding to report on an earthquake. she was on her way to the nuptials when the quake struck but decided the story was more important than the ceremony. >> patti ann. >> dedication. in a new report 7 communities are accused of using money to
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lobby higher taxes. fox business network diane macedo has more. >> a new report from a nonprofit group cause of action says at least 7 communities were a part of the a $373 million program to educate americans are obesity and tobacco. they violate the laws for hire taxes. the findings are part of a 19 month investigation on the center for disease control prevention communities putting prevention to work program. the report says xhients also appear to have violated cdc guidelines. congressional hearings in 2011 and follow up letters to help services address potential violations in a south carolina community where the state used program money to lobby for a city clean indoor air ordinance. the call to action says the violation was worse than
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disclosed. the group adds there are at least 7 other potential violations in florida georgia, california south carolina and they used tax payer money to lobby someone for smoking in workplace. and a statewide tobacco tax increase. they are asking for more investigation saying it's important to do another bigging before they start releasing 2 billion annually in 2015 for a similar program under president obama's patient protection and affordable care act. the cdc responded to requests. 47 after the hour. still ahead the boston marathon suspect has not been charged. if they wait too long there will be a problem. >> why a daily dose of aspirin
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could be a key factor. check in with peter doocy to see what's coming up. we are joined by police commissioner ray kel leap and former police commissioner for boston los angeles and new york as well. >> also donald trump former attorney general alberto gonzalez and lindsay graham. we have more right here on your channel for news. ♪ [ male announcer ] a car that can actually see like a human, ♪ and even stoitself if it h to. ♪ the technology may be hard to imagine. but why you would want it... is not. the 2014 e-class. it doesn't just see the future.
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>> 9 minutes till the tonight of houfrment an aspirin a day might keep breast cancer away? the pain-killer limits the creation of cells and reduces the growth of tumors.
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it can work with tamoxifen. be careful what you say to suri. reports show apple is storing your question to suri for up to two years. it keeps the questions to judge siri's effectiveness. why the technology never revealed it is storing them. boston bombing suspect could be charged today. there's a debate brewing over what the exact charges that he should face should be. some are calling for him to be charged as an enemy combatant but others stais the label that is necessary. th if they are going to charge him as an enemy combatant they have to act now. american center for law and justice jordan specula. thank you for joining us. >> thanks, heather. >> there are reports unconfirmed for us that the suspect is in
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fact communicating in some way and answering questions. how if at all does that effect the time line for the charges? what is interesting, it looks like the department of justice is already delayed because this was an unexpected development as if it would never happen. we were supposed to hear charges yesterday now they are saying or reporting the earliest would be today. when that kicks in the right to an attorney, the right to a speedy trial all of that kicks in. what we know now the public safety exception if those reports are confirmed later today that means the clock started ticking as early as yesterday possibly. if that clock is ticking the only who would agree that lasts 48-hours maybe they could make a case it didn't start until he was able to communicate in some way. that is one more day of sporadic interrogations coming back with
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interrogations with heavy wounds. you can see why rushing for trial can be potentially dangerous for americans. >> is it your opinion he be charged as an enemy combatant? >> the government should have more than 24-hours heather. if that started last night they have another 24-hours before thektd be in a serious legal issue when they go into civilian court. nothing like identifying him as an enemy combatant in 1942 in cases involving americans working with the nazis directly as spies they were charged right along the presidethem. >> he cannot be tried in a military tribunal. he has the habeas corp. pus rights he can file that as well. usually that settles within
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about 30-days. this is about extending an interrogation not to be used against him in court. >> because he gabecame a naturalized citizen december 11th, 2012. do you think he will take the death penalty? -- face the death penalty? >> the charges will likely be use of weapons of mass destruction and conspiracy to use a wweapons of mass destruct. there is the car jacking and the killing of the sflirss as well. the whole idea here is very troubling which is why enemy combatant has to be used. >> the death ten ality npenalty for many. thank you for joining us. appreciate it. >> time now is 5 minutes before the top of the hour. after being trapped by terror amazing stories of kindness are now emerging out of boston.
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we will share some of them with you up next. : once you try an oral-b deep sweep power brush, you'll never go back to a regular manual brush. its three cleaning zones with dynamic power bristles reach between teeth with more brush movements to remove up to 100% more plaque than a regular manual brush. and even 76% more plaque than sonicare flexcare in hard to reach areas. oral-b deep sweep 5000 power brush. life opens up when you do.
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>> a minute till the top of the hour. here's what's happening. the boston bombing suspect could be charged today. 19 #-year-old dzhokhar tsarnaev remains hospitalized in serious condition. airports across the country racing for hours-long delays because of sequestration. the f.a.a. bracing for furloughs for some of its employees. reese witherspoon's husband was busted for driving under the influence of alcohol. >> normally we bring you the good, the bad, and the ugly. today it is the all good boston edition. first a picture of a police officer delivering milk to a family with young children. it has gone viral. you can see him carrying two gallons of milk in all his gear. watertown residents talking

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